holding that a claim alleging breach of an automobile manufacturer’s repair warranty accrues “at the time the manufacturer breaches its contractual obligation to repair that good” and that, “before the manufacturer has failed or refused to repair any defects that might subsequently occur during the warranty period, the owner would have no right to commence an action”
How later courts described this case
- holding that a claim alleging breach of an automobile manufacturer’s repair warranty accrues “at the time the manufacturer breaches its contractual obligation to repair that good” and that, “before the manufacturer has failed or refused to repair any defects that might subsequently occur during the warranty period, the owner would have no right to commence an action”
- concluding that promise to repair is not express warranty under UCC and that cause of action for breach accrues when manufacturer fails or refuses to repair
- recognizing that limitations period in Alabama’s UCC applied to car buyer’s Magnuson-Moss Act claim against car manufacturer
Written by the judges who cited it.
The opinion
WOODALL, Justice
(concurring in the result).
I agree with Justice Lyons; therefore, I concur only in the result. See Black’s La-w Dictionary 1122 (8th ed.2004) (“on or about” means “[ajpproximately; at or around the time specified”).